Terms and Conditions

Please read these terms of service carefully, as they contain important information about your legal rights and obligations related to the use of the LOBBY platform, as well as compliance obligations dictated by laws and regulations.

This agreement was originally drafted in the Spanish language. In the event of any differences between the original and a translated version, the Spanish language original shall prevail for all purposes of interpretation.

Welcome to LOBBY, an application or platform, hereinafter referred to as “LOBBY” or “Platform” or “Application” or “Service” which offers its services, as further described in this document, through the website https://lobbypms.com/. You and all persons using LOBBY, whether or not you have registered, are referred to herein as User(S).

The User(s) using and enjoying LOBBY must know and accept the following Terms and Conditions of Use (hereinafter referred to as the “TERMS” or “AGREEMENT”) and the Privacy Policies which refer to the Personal Data Processing Policies.

Lobbypms S.A.S. (also referred to in this document as LOBBY or LOBBYPMS), identified with NIT 900.881.345, with main domicile in Medellín, Colombia, telephone +573116248080 and e-mail [email protected] is the operator of this digital platform.

The Terms and Conditions of use of our platform are as follows:

1. Acceptance of Terms and Conditions

At the time a User logs in, connects to, accesses or uses the Platform, it is required that he/she reviews, reads, accepts and understands LOBBY’s Terms and Conditions of Use and Privacy Policy and is bound by their provisions and all laws that relate to the use, access and connectivity to third party digital platforms.

If the User does not agree to any of the Terms and Conditions, the User must not log on, access or use the LOBBY Application in any way.

It is the User’s responsibility to comply with all laws, regulations, or any other obligations related to the Service or Platform. LOBBY recommends that the User carefully review the Terms and Conditions of Use prior to engaging in any activity on the Platform.

The User who logs in, connects, accesses or uses LOBBY, acknowledges that the terms of these Terms constitute a legally binding and enforceable contract with LOBBY and their express consent may be obtained through various tools such as checkboxes, electronic signature, or acceptance through other conclusive conduct such as requesting the service and paying for it. These Terms will always be available to Users so that they can make informed purchasing decisions.

The Platform Operator reserves the right to modify them at any time and to optimize the conditions and services of the platform without prior notice. Whenever changes involve new charges or modifications to the rights of platform Users, timely notice will be given.

2. LOBBY Service and Operation

LOBBY is a web-based hotel management software that makes it easy for users to manage and control any type of hotel business. LOBBY facilitates the management of reservations, registration of consumption and payments made by guests, printing of invoices, reception shifts, cleaning, accounting and much more.

LOBBY operates under a subscription model, where users who wish to use the service must pay a membership fee to start working with the system and then a monthly fee to keep the system running. This membership fee includes the first month of service on the platform.

3. How to purchase the LOBBY Service

To purchase the service, simply log in to the website and click on the 15-day trial button. A form will be displayed to add all the required information to register your business and purchase the service. LOBBY will not store the data of the accounts configured in the Trial stage, so as soon as this free trial ends, all the information about that User will be deleted.

Upon completing the registration process the platform will enable a 15 day trial period. During this period of time you can begin to parameterize all the business information and start using some of the LOBBY functions at no cost, obtaining the advice of our team of experts. It is possible that during this time it will not be possible to activate all LOBBY functionalities due to the time it takes to implement the User’s information within LOBBY.

Once the trial period ends, it is required to activate a subscription to continue using the platform. For this, a credit card will be required to be registered where we will charge the monthly or annual fee for the service, as chosen by the Users. Whenever the payment of a subscription to LOBBY involves external or third party platforms, the buyer must know, understand and accept the terms and conditions of such platforms.

Taking into account the foregoing, Users understand and accept that Internet purchases may eventually present security flaws and even if the Operator of this Platform makes available to Users a secure connection system for all transactions (either for payment of Platform services or for payment that Users intend to receive from their own customers), in no event shall the Operator be liable for failures in communications of banking institutions, In no event shall the Operator be liable for communication failures of banks, credit institutions or Internet connection services, nor for damages caused by an action or omission of such entities or third parties that through illegal maneuvers cause damage to the operation, understanding that third parties are involved and the operation does not depend on the Platform Operator, the Operator of this platform shall only be liable to the extent expressly required by law.

Likewise, all persons intending to make transactions with Lobbypms S.A.S. guarantee:

• That their income and especially the funds they will use to carry out transactions on the Platform and in favor of Lobbypms S.A.S. come from lawful activities.
• That they are not reported in binding lists such as OFAC, United Nations, European Union, HM Treasury List, Global Enforcement List (GEL) or in any national or international money laundering prevention list.
• That they do not participate, nor are they involved in investigations, judicial or police reports for crimes such as money laundering, drug trafficking, human trafficking, pimping, child pornography, embezzlement, extortion, kidnapping, extortion, membership and/or dealings with illegal armed organizations or criminal organizations of any kind, arms trafficking, terrorism, crimes against humanity or crimes against freedom, integrity and sexual education.
• That you have not given any bank information to a third party that could be used to make purchases or acquire obligations in your name.

Therefore, they authorize that in case of being involved in such situations, the present contract will be terminated and the subscriptions in force will be cancelled immediately without this generating any type of responsibility for the Operator of this platform.

The rates are published on the url www.lobbypms.com/precios/. There is no permanence clause, so you can cancel your subscription at any time.

Refunds: Although the subscription can be cancelled at any time, please note that we will only make a refund if it is requested within 5 calendar days after the payment has been made. A reversal fee of 6% of the transaction value will be charged for the refund. It must be requested to the customer service e-mails.

4. User Registration

When the user pays the subscription fee and receives the access credentials, he/she will be able to enter the system to start using the software. When logging in for the first time, a registration process will be enabled, where the user will be asked to fill out a form with all the information required for the operation of the system. Some of the required data are: Company name, country, city, active e-mail, telephone, user name, among others. After entering all the mandatory data for registration, the user must accept these Terms and Conditions by clicking on the ACCEPT TERMS AND COMPLETE REGISTRATION button. This way the system will be fully active and ready to be used as hotel management software.

By registering with LOBBY, the User affirms that he/she is of legal age and that he/she accepts these Terms and Conditions. If the User is not of legal age or does not have the capacity to contract according to Colombian law and the legislation in force in the territory where he/she is located, he/she must not use the Application, nor provide LOBBY with any of his/her personal data. LOBBY reserves the right to request proof of age or legal capacity to contract at any time in order to verify that minors are not using LOBBY. In the event that LOBBY becomes aware that a minor is using the Application, LOBBY may prohibit and block the use and access of such User and will make every effort to promptly remove any personal information relating to such User. LOBBY reserves the right to perform verification of data provided in the registration process and perform approval of access to the Platform.

4.1. Account verification:

As of January 1, 2022, it will be necessary to complete a verification process to use the LOBBYPMS platform in any hosting business. The process consists of completing all the information requested by the platform and submitting the required supporting documents. Our team will validate the information and approve or reject the account in less than 5 business days.

In order to create an account in the name of a legal entity, it will be necessary to provide the e-mail address and other data registered in the corresponding chamber of commerce, if it is a Colombian company. In the case of a legal entity incorporated in another country, the account must be created with the data registered with the corresponding entities. In the event that a person wishes to recover an account indicating that he/she does not have access to the contact data initially registered, he/she must provide some evidence to support the ownership of the account and the change in the registered data.

In the event that an account is being created in the name of a legal entity, the interested party must be able to provide proof that he/she is the legal representative and that he/she is duly authorized to do so.

The User who registers with LOBBYPMS is directly responsible for maintaining the contact details with which he/she registers on this Platform and must be able to provide alternate contact details if required.

In the event that a User loses the login data and is unable to prove ownership of the account, he/she understands and agrees that Lobbypms S.A.S. shall be entitled to terminate the account and the User shall not have access to the information stored in LOBBY, without any right to compensation or redress.

The Platform Operator reserves the right to provide its services to whomever it deems appropriate. If there is reason to believe that any registered merchant does not comply with tourism regulations, does not provide a good quality service or there is any indication that it is a fraudulent registration, the Operator may refuse to accept the registration of any person without having to explain the reasons for the refusal.

• Account ownership.

The Lobby account belongs to the company or business registered in Lobby, if the account has been created by a partner, employee or collaborator of the company or business and this is no longer in the same, it is the responsibility of the company or business to have access control and sufficient tools that allow you to retrieve your account at all times. In case of internal conflicts, Lobby will give the access to the account or the ownership of the account to the person who appears as administrator or legal representative of the company before the public registry of commerce or similar.

5. Powers granted to LOBBY by the User

You authorize LOBBY to: (1) Use the processor, bandwidth and storage hardware of your device to facilitate the operation of the Service, (2) Publish advertisements or other information of LOBBY and its business partners, on any part of the Platform.

6. Profile Configuration

When registering on the Platform, the User can modify his/her profile information at any time by accessing the “Settings” Menu and adding or modifying the registration information such as name, last name, company name, telephone and active e-mail. It also allows changing the password, which must be handled confidentially at all times.

When registering on the Application the User must provide only true, accurate and complete information. Otherwise, LOBBY will not be able to provide the User with good service and may eventually block the User’s account and refuse to provide any service if it deems it appropriate.

7. User Obligations

In addition to those set forth throughout this document, the User has the following special obligations:

• Maintain confidentiality by not sharing the User’s name and password with third parties.
• Be of legal age and provide the documentation that LOBBY may require to become a User.
• Be responsible for the truthfulness and accuracy of the data provided.
• To have its own internal work policies, such as policies for the treatment of personal data, reservations and cancellations, use of its spaces, prevention of sex tourism, among others.
• Verify each day the list of people who reported to the SIRE of Migration Colombia through the automatic connection. Lobby is not responsible for the lack of verification of these data as well as failures in sending to SIRE because in any case, this is a legal obligation of each of the accommodations, which can not be completely delegated and the person always has the possibility to send the data manually.
• Transfer the lodging data of its users to the Tourist Lodging Information System (SIAT) of the Ministry of Commerce, Industry and Tourism, through the completion of the Lodging Registration Card.

8. Security policies

LOBBY will take the necessary measures to safeguard the security or protection of the data and the User’s secret password, without being able to guarantee that the information is 100% safe or out of reach of third parties, because it should be noted that currently no system is free from eventually present security breaches due to failures in the Software or attacks by third parties. If changes are detected in the information recorded on the Platform, or any irregularity or simply as a measure of identity protection, LOBBY may contact the User by phone or email, to corroborate the changes and try to avoid possible fraud. It may even freeze, terminate or block a User’s account if it detects a possible threat and the User expressly agrees to this by accepting these Terms and Conditions.

The personal data that are voluntarily submitted to the Platform, may only be processed by LOBBY for the automatic filling of documents, and for the operation of the Platform, billing and service provision; they will not be given to third parties, provided that there is no law or court order that requires the Operator to share them.

The User may revoke the authorization to use their personal data in accordance with the Habeas Data Law or rules governing the issues of Data Protection. For which you can contact the customer service team through a customer service email found in this document.

9. Prices reported on the Platform

Any changes in the information published on the Platform, including services, prices, conditions, promotions and offers, will be published and will have effect on future operations, without affecting, in any case, the rights acquired by the User or services previously agreed. Fees for the use of LOBBY may vary.

10. Platform Payment Methods

Payment is made by means of a credit card where the platform will automatically charge the User every month or every year according to the type of User’s subscription and the User expressly accepts this when registering his/her credit card as a means of payment.

The payment provider used by the Platform may vary depending on the country where the User is located. The Platforms used on the LOBBY website will always be displayed. The payment gateways found on LOBBY are third party platforms, so the User must know, understand and accept their respective terms and conditions before using them, which can be consulted before making any payment.

11. Warranty for Service purchased from LOBBY

LOBBY grants The User a legal guarantee of the service purchased in accordance with Article 7 of Law 1480 of 2011 is an obligation of means, the guarantee is given by offering a high quality in the provision of the service and not in the result, understanding that as a digital platform may present a time out and errors in the operation that may eventually cause the loss of an opportunity for a business, however with the use of LOBBY Users know and accept the risks of using this digital platform.

In the event of any complaint or claim about the service, the User may contact LOBBY by email or telephone. LOBBY’s contact details can be found in the last part of this document.

12. Restrictions on Use

The User may not perform, directly or through any person, the following activities:

• Use the Platform in any form of spam, unsolicited email or similar conduct.
• Allowing unauthorized or underage Users to access the LOBBY account. User assumes all responsibility for unauthorized use of your LOBBY account including by minors.
• Interfering with or disrupting the operation of the LOBBY platform or the servers or networks that host it, or disobeying any laws, rules, requirements, procedures, policies or regulations of such servers or networks.
• Post or share, through the Platform, any content, text or information that is abusive, threatening, obscene, defamatory, libelous, slanderous, or racially, sexually, religiously, or otherwise objectionable or offensive.
• Impersonate another person or entity, or provide false information on LOBBY, either directly or indirectly.
• Falsely stating or misrepresenting affiliation with any person or entity
• Posting false, inaccurate or illegal information on the Platform.
• Transmit, distribute, display or otherwise make available through or in connection with LOBBY any content, including User-generated content, that may infringe the rights of third parties, including intellectual property rights and privacy rights, or that may contain any illegal content.
• Making screenshots, linking, hotlinking, linking, indexing or any redirection to other websites or platforms; as well as impressions, reproductions, distributions or publications of content hosted on the LOBBY Platform, such as images, logos, texts, recommendations, comments and any other content on the LOBBY application.
• Take any action that imposes or may impose, in LOBBY’s judgment, an unreasonable or disproportionate burden on the platform infrastructure.
• Infringe the physical or computer security measures that LOBBY provides, in order to prevent or restrict access to the Platform.
• Copy, modify, alter, adapt, adapt, make available, translate, reverse engineer, decompile or disassemble any part of LOBBY
• Create a browser, framing, or graphical user interface (GUI) around LOBBY without your authorization.
• Tampering in any way with the LOBBY Application by affecting the security for sending personal information and contact details (such as emails, phone numbers, etc.) to other LOBBY Users, in order to avoid paying for the service or to engage in illegal or unlawful activities.
• Engage in any activity that is contrary to public order and the rules of strict compliance that regulate such activities on the Internet.
• Copy, redistribute, reproduce, reproduce, extract audio, record, transfer, display to the public, transmit or make available to the public any part of the LOBBY Platform or its Content, or use it in any other way that is not expressly or legally permitted.
• Circumventing territorial restrictions imposed by LOBBY or its Users.
• Manipulate LOBBY services in some way through a script or other automated process.
• Sell a User Account or accept any monetary or similar compensation or payment to modify the Platform, a User Account or the User Content of any account.

In case of non-compliance with the provisions set forth in the Terms and Conditions, LOBBY will terminate the User’s account and may initiate legal action for contractual or tort liability.

As a condition of use of the LOBBY Platform, the User agrees and warrants that:

• You will not violate or breach LOBBY’s Terms and Conditions.
• You have the legal capacity to accept these Terms and Conditions and form a binding agreement under any applicable law.
• Commit to use LOBBY in accordance with these Terms and Conditions, and to fully comply with its obligations.
• In the exercise of the Terms and Conditions shall not violate any other agreement to which the User is bound by provision of any law, rule, regulation, order or court judgment.

13. LOBBY License to Use

The Platform and its content are owned by LOBBY or LOBBY’s licensors. The User of the Platform acquires a limited, non-exclusive, non-transferable, revocable license to use the LOBBY service, and a limited, non-exclusive, revocable license to make personal, non-commercial use of the Content (the “License”). This License shall remain in effect until terminated by User or LOBBY.

The LOBBY software applications and all Content is licensed, not sold, to you, and LOBBY and its licensors retain title to all copies of the LOBBY software applications and its Content, even after installing them on your personal computer, mobile device, tablet or other similar device (“Devices”).

14. Intellectual Property Rights

LOBBY, in compliance with the provisions of Intellectual Property and Copyright defines that:

The User may upload its own materials and content to the Application subject to Intellectual Property and Copyright laws and regulations (“User Generated Content“).

The User understands and agrees that he/she is the owner and responsible for the content he/she uploads to the Application, assumes all consequences that may arise and exempts LOBBY from any legal or factual liability, holding LOBBY harmless at all times (even after cancellation or termination of the User’s account regardless of the reason) against any third party claim.

The User agrees that it is the author and owner of the content uploaded to the Platform, or that it has all licenses, rights, consents and permissions from its rightful owners and warrants that it does not infringe the copyrights of third parties or other rights.

The User agrees not to upload content that is in any way illegal or that if at the time of its publication was legal, has subsequently been declared illegal.

15. Privacy Policy

LOBBY respects the privacy of the User and is committed to protecting the information it publishes on the Platform. The User has access to know the Privacy Policy on the handling of personal data. The User’s information and its handling is described in detail in LOBBY’ s Privacy Policy, which is an integral part of this document. It is understood that the User knows and accepts the Privacy Policy once registered as a User in the Application.

16. Term and termination.

LOBBY may terminate the Terms or suspend access to the LOBBY service to the User at any time, either for inappropriate or illegal use of the LOBBY Platform.

17. Termination for default, suspension and other measures

LOBBY may immediately terminate these Terms without notice if (i) User is in material breach, (ii) User has provided inaccurate, fraudulent, not current or incomplete information during User account registration and during use of the Platform, (iii) User has violated applicable laws or regulations, or the rights of third parties, or (iv) LOBBY believes in good faith that such action is reasonably necessary to protect the safety or property of other Users, LOBBY or third parties, prevent fraudulent activity, assess risk or conduct investigations.

Likewise, in case of default in the monthly or annual payments, LOBBY shall have the right to freeze the account of the Users so that they cannot use it for the original purposes for which it was contracted. Likewise, they will not be able to access the application to download information or generate any copy of the same. Users will only be able to download their information if they are up to date with their subscription payments. After 30 days from the date of default, the Platform Operator will delete the information stored in the User’s profile. In the case of a free trial, LOBBY will not keep a copy of the information and it will be deleted once the free trial period is over.

18. Trademarks and trade names

LOBBY’s trademark, logo, slogan and all other identifiers related to LOBBY are the property of LOBBY whether registered or unregistered. Other trademarks, service marks, trade names and logos appearing on LOBBY belong to their respective owners (“Third Party Marks“). No right, license or interest in or to the LOBBY Marks or Third Party Marks is granted hereunder, and User agrees that no right, license or interest exists with respect to the LOBBY Marks or Third Party Marks and User shall therefore avoid using any such marks without authorization. LOBBY’s related Trademarks and Third Party Trademarks are governed by intellectual property rules and regulations and other legal provisions.

With the acceptance of these Terms, Users authorize the publication of their trademarks, names or commercial notices on the Lobby website as well as in any advertising material generated, only mentioning that the User is a LOBBY Client. As soon as the relationship ends, the distinctive signs will be removed.

19. Links to third party websites:

It is possible that third parties publish information about LOBBY on other digital platforms without the authorization and review of the Operator, therefore we would like to inform that:

1. The inaccurate manifestation or diffusion of information about the services and contents published in LOBBY is prohibited, as well as any type of misleading advertising. No third party is allowed to publish trademarks, trade names, logos, slogans or other distinctive signs related to LOBBY, without our express permission.
2. The Operator shall not be liable for service offers that are not communicated and purchased directly from our digital platforms, unless they are published by a third party, but are confirmed on the LOBBY website.
3. The creation of deep-links, IMG or image links, or frames of this website is prohibited without the prior and express authorization of the Operator.

When this website contains hyperlinks to websites or applications managed by third parties, under no circumstances should it be understood that there is a relationship of collaboration or alliance with the Platform Operator, unless expressly stated otherwise. Under no circumstances shall we be liable for the services, information, security or legality of sites managed by third parties.

20. Announcements

LOBBY may integrate advertisements or sponsored links. If a User clicks on the advertisements he/she may be transferred to an advertiser’s website, receive messages, information and offers. All information contained in the advertisements belongs exclusively to the advertisers. LOBBY has no representation in such advertisements, nor does LOBBY have any control over such advertisements. LOBBY, advertisers or related third parties may be entitled to certain proceeds from such advertisements. The User agrees and acknowledges that they have no rights or interest in, and shall not be granted any rights or warranties with respect to, the revenue from the advertisements.

21. Availability and functionality

The availability and functionality of LOBBY depends on various factors, such as communication networks, software, hardware and service providers and contractors. LOBBY does not warrant that the application will operate at all times without interruption, or that it will be immune from unauthorized access or error free. LOBBY will use its best efforts at all times to ensure that the availability and operation of the Application is in optimal condition and that the User can access it without any inconvenience.

• . Reporting of domestic or foreign guests’ information to SIRE.

By authorizing the processing of your personal data, the User authorizes LOBBY to use and transfer the data of its guests to SIRE (Information System for Reporting of Foreigners), which is the platform of Migration Colombia where all Colombian lodging businesses must report daily the entry and exit of foreigners.

It is the User’s responsibility to register in the SIRE, for this purpose, he/she must log in to the web portal of Migración Colombia and request the registration where he/she will obtain a user account and password.

Similarly, it is the responsibility of the user to verify each day the list of people who reported to Migración Colombia through the automatic connection. In any case the person can always send the information manually, here we leave a guide for your disposal. Lobby is not responsible for the lack of verification of this data as well as failures in sending the SIRE because in any case, this is a legal obligation of each of the accommodations, which can not be completely delegated and the person has the possibility to send the data manually.

Guide: https://soporte.lobbypms.com/hc/es/articles/4406746860307-Gu%C3%ADa-for-reporting-information%C3% B3n-to-the-immigration-system %C3%B3n-SIRE-Colombia

22. LOBBY’s liability and warranties

IN CASE OF MISREPRESENTATION OR MISCONDUCT OF THE USER WITH THE PLATFORM, LOBBY MAY DECIDE WHETHER TO CANCEL THE USER’S REGISTRATION AT ITS DISCRETION WITHOUT HAVING TO EXPLAIN THE REASONS.

23. Limitation of liability
24. Acceptance of these terms and conditions and registration of a User does not imply transfer of technology of any kind.
25. We can give advertising material, decals, stickers, POP material for brand activation processes. However, they cannot be used for purposes other than inviting the community to use this Platform. Any damage caused by the indiscriminate use of such material must be repaired.
26. We reserve the right to interrupt, suspend or modify at any time the Platform services either permanently or temporarily, without the prior consent of the Users.
27. We do not guarantee, and in any event cannot guarantee, access to and/or use of the Platform at all times, and all Users acknowledge and agree that LOBBY may not always be available due to technical difficulties and/or failures of the Internet or third party platforms. This shall not give rise to liability for us as Operators even if Users are unable to make use of their Subscription for short or extended periods of time and lose the opportunity to conduct business. In the event that the time off the Platform exceeds 24 business hours, we will propose a discounted payment solution.
28. Although this platform has high security standards, it is not immune to attacks by third parties. The use of this platform is at the sole risk and responsibility of the Subscribers. We as Operators shall not be liable for any kind of damages that may result from such use, nor shall we be liable for any damage that the Subscriber may suffer in his computer equipment due to any virus that may infect it, as a consequence of the use of this platform. In any case, and only when required by law, we limit our liability to the value of the last 2 monthly payments made.
29. It is expressly forbidden to use LOBBY to disseminate and promote comments or elements of any kind that are violent, discriminatory, pornographic, illegal, obscene, abusive, defamatory, libelous or contrary to morality or decency.
30. It is the responsibility of the User to verify each day the list of people who reported to the SIRE of Migración Colombia through the automatic connection. In any case the person can always send the information manually. Lobby is not responsible for the lack of verification of this data as well as failures in sending the SIRE because in any case, this is a legal obligation of each of the accommodations, which can not be completely delegated and the person always has the possibility to send the data manually.
31. Copyright agent and misconduct

LOBBY respects the intellectual property rights of others. If you believe that your work has been copied or otherwise used in a way that infringes copyright, you must inform LOBBY in writing with the following information: (i) the contact person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work that has been infringed; (iii) a description of the material that is infringing and that is to be removed or to which access is to be disabled, and information sufficient to permit LOBBY to locate the material (including URL address); (iv) a statement that the User has a good faith belief that the material used is not authorized by the User; and (v) a statement that the information in the notification is accurate and, that the User is the copyright owner.

25. Indemnity

You agree to hold harmless and indemnify and hold LOBBY and its directors, officers, employees and agents harmless from and against any claims, demands, losses, liabilities and expenses (including attorneys’ fees) arising out of: (i) your use of the Services obtained through the Platform; (ii) your breach or violation of any of these Terms; (iii) LOBBY’s use of your User Content; or (iv) your infringement of the rights of any third party.

26. Modifications to the Terms and Conditionsand Conditions

LOBBY may change the Terms and Conditions and Privacy Policy at any time. If material changes are made, LOBBY will notify Users through the Platform. In the event that the Terms and Conditions must be modified to comply with legal requirements, the modifications may take effect even immediately, or as required by law and without prior notice. The User must, after the entry into force of the new changes, read and indicate his/her acceptance. The User is recommended to review the Terms and Conditions from time to time, as they may change. In case the User does not agree with the modification to the Terms and Conditions or Privacy Policy they can cancel the account in the Application.

27. Assignment

LOBBY may assign and transfer this Agreement or any part thereof, and may delegate any of its obligations under the Agreement in its sole discretion and without restriction. Notwithstanding the foregoing, these Agreements shall bind and inure to the benefit of the parties, their successors and permitted assigns.

You may not assign or transfer these Agreements or any part thereof to any third party, nor may you assign or sublicense your rights under this Agreement, whether by operation of law or otherwise, without LOBBY’s prior written consent. Any attempt by you to assign or transfer this Agreement without its authorization or consent shall be null and void and void.

28. Applicable legislation

In case of any dispute between the User and LOBBY in relation to the Terms and Conditions, the parties agree to bring disputes before the Arbitration Court of Medellin and agree that such court shall have jurisdiction to resolve disputes of any claim. The laws of Colombia govern these Terms and Conditions, as well as any claim that may arise between the User and the Platform, regardless of the provisions on conflicts of laws.

29. General

A. These Terms and Conditions shall not be construed as a relationship, partnership, joint venture, employee-employer, agency or franchisor-franchisee relationship between LOBBY and the User or related third parties.

1. Any claim relating to LOBBY or its use shall be governed by applicable Colombian laws, decisions, treaties and other documents and legal provisions relating to intellectual property, data protection and other materials relating to Internet services or applications.
2. If any provision of these Terms and Conditions shall be unlawful, void, or unenforceable, then that provision shall be deemed severable from this document and shall not affect the validity and enforceability of any remaining provisions.
3. These terms constitute the current Terms and Conditions and supersede any prior oral or written agreements between the User and LOBBY.
4. User Concerns or Questions

If the User has any questions or comments about the Terms and Conditions of Use and/or Privacy Policy, the User can send a message through the support CHAT posted on the app.lobbypms.com interface.

31. Third party beneficiary

This Agreement does not grant, nor is it intended to grant, any rights or remedies to persons other than Users.

Thank you for reading our Terms and Conditions of Use and/or Privacy Policy and for using our Services.

Contracting entity:

LOBBYPMS S.A.S
NIT 900881345
TELEPHONE +57 3116248080
MEDELLÍN COLOMBIA

Last Updated May 10, 2024